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HomeMy WebLinkAboutPR 18925: CONTRACT WITH MANSFIELD OIL COMPANY OF GAINESVILLE, INC., DIESEL FUEL 'J 4 City of die nrt rthuf Te.xus INTEROFFICE MEMORANDUM Office of the Transit Department Date: 4/2/2015 To: Brian McDougal,City Manager and City Council From: Colleen Russell,Transit Director Re: P.R.No. 18925- Awarding Diesel Bid to Mansfield Oil,INC.of Gainesville, GA Nature of the request: The Transit Department seeks to be compliant with the U. S. Department of Transportation regulations and EPA (Environmental and Protective Agency) Clean Air regulations. Staff Analysis, Considerations: As per FTA regulations products shall bid or quotes updated to ensure the best buy and quantity delivery. Recommendation: It is recommended that the City Council approve Proposed Resolution No.18925 for supplying ultra low sulfur diesel fuel for the Transit Department Fleet. This Resolution would authorize the purchase of Diesel Fuel under a one (1) year contract with Mansfield Oil Company INC. of Gainesville, GA. in the amount of $0.0051 above OPIS and a Split Delivery charge of $40.00. These expenses will be charged to the Transit inventory stores account Number: 401-0000-142.10-00. Budget Considerations: The bid was awarded to the most responsive, risk-free and responsible bidder. Under(FTA's) The Federal Transit Administration's INTEROFFICE MEMORANDUM Office of the Transit Department Re: P.R.No. 18925- Awarding Diesel Bid to Mansfield Oil ,INC. of Gainesville, GA (BMP) best management practices, the lowest bid is not the only factor considered, as the best price, time of delivery and quantity for the price shall weigh into the selection of the vendor Mansfield Oil, INC. Gainesville, GA met the criteria of the (BMP) ��1►,_ , Transit Director • Page 2 P.R.NO. 18925 03/24/2015 CB Page 1 of 2 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH MANSFIELD OIL COMPANY OF GAINESVILLE, INC., OF GAINESVILLE, GEORGIA, FOR THE PURCHASE OF ULTRA LOW SULFUR DIESEL FUEL, IN AN AMOUNT NOT TO EXCEED $350,000.00. FUNDING IS AVAILABLE IN TRANSIT ACCOUNT NUMBERS: 401-1501-561.24-00 AND 401-1506- 561.24-00. WHEREAS, Purchasing advertised in the Port Arthur News on the 1st day of March 2015, and the 8th day of March, 2015, for bids for the annual supply contract for the purchase of ultra low sulfur diesel fuel; and WHEREAS, on the 18th day of March, 2015, four (4) bids were received and opened, and have been evaluated by the Purchasing and Transit Department, a copy of the bid tabulation is attached hereto as Exhibit "A"; and WHEREAS, Mansfield Oil Company of Gainesville, Inc., was the lowest and most responsive bidder; and WHEREAS, it is in the best interest of the City of Port Arthur to enter into a contract with Mansfield Oil Company of Gainesville, Inc., in substantially the same form as attached hereto as Exhibit "B"; and WHEREAS, the Federal Transit Administration (FTA) has set forth regulations and clauses (attached hereto as Exhibit "C") that must be followed in order to utilize federal funds. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT the City Manager of the City of Port Arthur is hereby authorized and directed to execute on behalf of the City a one (1) year contract between the City of Port Arthur and Mansfield Oil Company of Gainesville, Inc. for the purchase of ultra low sulfur diesel fuel in the not to exceed amount of $350,000.00, in substantially the same form as attached hereto as Exhibit "B"; and THAT funding for the ultra low sulfur diesel fuel purchase is available from Transit Inventory/Stores Account Number: 401-0000-142.10-00. As the fuel is utilized/consumed from the Inventory/Stores Account it will be expensed to Transit Account Numbers: 401-1501-561.24-00 and 401-1506-561 .24-00 respectively. THAT a copy of the caption of this Resolution be spread upon the Minutes of the City Council READ, ADOPTED AND APPROVED this day of April, 2015 at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES: Mayor: Councilmembers: NOES: Mayor ATTEST: City Secretary APPROVED AS TO FORM: Jai') 14,...-ca City Attorney APPROVED FOR ADMINISTRATION: City Manager 1 ,1_‘ Director of Tr.nsit APPROVED AS TO AVAILABILTY OF FUNDS: i - {. Director of Finance ,0 7 l 7.-(.'1.-1 Purchasing Manager EXHIBIT "A" rn 4) CAD o p L` N O O F` o > N • 0 0 <4 Gri b U o r° °' U a cin rg a 0o ¢ 0 O 0 Ci' `D U 7 1 N 06, tor L,C � Q taCC WI " p, alo 2 L. Z ai 0U d Q tic dna ai v5 <at 4. Q�s-' ..1-, 0 ,. PG Cl) A mac. y ' 0. A4 el o V t7 a, F:. a .E ' C. ct in cal )•"1 0 r .. 0 v o d 64 G o 4 col x P.N Agi) E__,t" T)r C) 0. Hl �� :tiJ � nt:7 Pt N Z G ice, o O 0 v v O U EXHIBIT "B" CONTRACT FOR THE PURCHASING OF ULTRA LOW SULFUR DIESEL FOR THE CITY OF PORT ARTHUR'S TRANSIT DEPARTMENT THIS AGREEMENT, made this day of , 2015, by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called "OWNER" or "CITY" and Mansfield Oil Company of Gainesville, Inc. herein acting by and through hereinafter called "CONTRACTOR". WITNESSETH: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The term of this Contract shall be from for one (1) year from the date stated on the Notice to Proceed, unless sooner terminated under the provisions hereof. The City can terminate this contract at its convenience which includes, but is not limited to, funding not being available in any budget cycle with fifteen(15) days written notice. 2. During, the term of this Contract, the Contractor will furnish at his own expense all of the materials, supplies, tools, equipment, labor and other services necessary to connection therewith, excepting those supplies specifically not required of Contractor in the Specifications. 3. The CONTRACTOR agrees to perform all the work described in the specifications and contract documents and to comply with the terms therein for the amount of $0.0051 over OPIS with a Flat Charge for Split Delivery to more than one location of $40.00 in an amount not to exceed $350,000.00. 4. The term "Contract Documents" means and includes the following: A. Agreement B. Information for Bidders C. Bid D. General Conditions E. Specifications F. Addendum G. Notice to Proceed 5. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. Page 1 of 2 6. IN WITNESS WHEREOF,the parties hereto have executed,or caused to be executed by their duly authorized officials,this Agreement in(2 copies)each of which shall be deemed an original on the date first above written. Signed on the day of , 2015. ATTEST CITY OF PORT ARTHUR BY City Secretary Brian McDougal, City Manager Signed on the day of , 2015. CONTRACTOR MANSFIELD OIL COMPANY OF GAINESVILLE, INC. BY Print Name: Title: Page 2 of 2 DELORIS"BOBBIE"PRINCE,MAYOR BRIAN MCDOUGAL DERRICK FREEMAN,MAYOR PRO TEME""" CITY MANAGER Lits „/ c COUNCIL MEMBERS: � '`\:. SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. CITY SECRETARY TIFFANY HAMILTON o r t rt It tt MORRIS ALBRIGHT VAL TIZENO STEPHEN A.MOSELY 7-etas CITY ATTORNEY WILLIE"BAE"LEWIS,JR. ROBERT E.WILLIAMSON KAPRINA RICHARDSON FRANK FEBRUARY 26,2015 INVITATION TO BID Ultra Low Sulfur Diesel Fuel DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, March 18, 2015. (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday, March 18, 2015 in the City Council Chambers, City Hall, 5`h Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P15-039 DELIVERY ADDRESS: Please submit one (1) original and one (1) copy of your bid to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET, 4th Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid or Scope of Work should be directed in writing to: City of Port Arthur, TX Clifton Williams P.O. Box 1089 Port Arthur, TX 77641 clifton.williams tt,portarthurtx.gov Please submit questions in writing to the email above. The final day for contractor to submit questions is March 12, 2015 at 10:00 a.m. Purchasing Division/Finance Department I Purchasing Manager,Shawna Tubbs,CPPO,CPPB P.O.Box 10891444 4th Street I Port Arthur,Texas 77641 I 409.983.8160 i Fax 409.983.8291 The enclosed Invitation to Bid (ITB) and accompanying General Instructions, Conditions and Specifications are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. Shawna Tubbs, CPPO, CPPB Purchasing Manager Page 2 of 19 SPECIFICATIONS FOR ULTRA LOW SULFUR DIESEL FUEL The contract will be for 12 months. All deliveries will be F. O. B City storage tanks. Deliveries will be by a Tank Transport Truck. Bidders must bid a price differential above or below the average price of the PADD 3 Report published for Beaumont/Port Arthur, Texas, by the Oil Price Information Service (OPIS). The price of fuel delivered during the contract term will be determined by applying the differential bid to the PADD 3 average price in affect on the date of delivery. The PADD 3 price in effect will change each Monday to the price published the previous Thursday. All delivered fuel shall be transferred to the City of Port Arthur owned tanks. Delivery trucks shall be properly equipped with accurate measuring devices, vapor recovery systems, and spill pickup equipment. City of Port Arthur personnel must verify this equipment upon completion of delivery. Deliveries shall be made on a net gallon basis, temperature corrected to 60° F. Vendors must be able to furnish certificates issued by the State of Texas that verify tank capacities for a given truck. Orders for deliveries will be made by the Transit and Utility Operations Departments in quantities of 8,000 gallons or less. Deliveries will be made within one (I) workday of the order to the locations listed below: Department Location Estimated Annual Usage Hours of Delivery Transit 301 4th Street 98,000 gallons 8:00 A. M. - 5:00 P. M. (M-F) Utility Operations 2901 Hwy. 365 2,000 gallons 7:00 A. M. - 2:00 P. M. (M-F) The amounts specified are estimated based on past experience and the City is not obligated to purchase these amounts. The City's minimum delivery time for an emergency which is hurricanes, natural disasters, or other declared emergencies will be eight (8) hours. Vendor shall provide an emergency plan to the City of Port Arthur for delivery, including length of time after receipt of order that vendor shall make delivery of fuel. Vendors shall state other entities having a priority of delivery over the City of Port Arthur. Quality Control: An original copy of the refinery manifest shall accompany all deliveries. The manifest must be identifiable as to the refiner or common carrier pipeline terminal. Deliveries from any other source will be rejected. Any transport arriving without proper paperwork will not be permitted to unload. The City of Port Arthur reserves the right to test fuels at any time for specification compliance. The cost for such tests shall be paid by the seller in the event the product fails to comply. Such failure will result in the prompt removal of failed products, using the vendor's equipment, at no cost to the City of Port Arthur, within twenty-four (24) hours of notification. Acceptable fuel shall immediately replace unacceptable fuel based on the quality of questionable fuel originally delivered to a given location at no charge for the entire shipment. Violation of specification requirements may give the City of Port Arthur cause to cancel the contract and will be a consideration of future awards. Fuel prices bid will exclude all taxes and loading fees. The bidder must submit Material Safety Data Sheet(s) with bid. Page 4 of 19 Number 2 Low Sulfur Diesel Fuel shall meet or exceed the following specifications: API Gravity 31.8 Cetane index 45.0 Flash point .158° F Mercaptan sulfur 0 004% Water and Sediment 0 0% Pour point 10° F Sulfur 0 14% All fuel shall meet or exceed the performance criteria as established by new vehicles manufacturers or the Society of Automotive Engineers or the American Society for Testing and Materials. Page 5 of 19 CITY OF PORT ARTHUR, TEXAS BID SHEET BID FOR: Ultra Low Sulfur Diesel Fuel BID DUE DATE: March 18, 2015 DESCRIPTION OPIS DIFFERENCE FLAT CHARGE FOR SPLIT DELIVERY TO MORE THAN ONE LOCATION Ultra Low Sulfur Diesel Fuel $ +0.0051 $40.00 Mansfield Oil Company of Gainesville, Inc. 1025 Airport Parkway COMP NY NAME STREET ADDRESS "L SI NATUR IVFO:TDIER P.O. BOX David Zarfoss Gainesville, GA 30501-6813 PRINT OR TYPE NAME CITY STATE ZIP Director of Government Pricing 800-255-6699 TITLE AREA CODE TELEPHONE NO mocbids@mansfieldoil.com 678-450-2242 EMAIL FAX NO. Page 6 of 19 NON-COLLUSION AFFIDAVIT Gainesville CITY OF KT<APZI(I{IN § Georgia § STATE OF TC By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: Printed Name. David Zarfoss Title: Director of Government Pricing Company: Mansfield Oil Company of Gainesville, INc. Date: 03/16/2015 SUBSCRIBED and sworn to before me the undersigned authority by March the 16th of, 2015 on behalf of said bidder. _AU!_. �1 . . Notary P,1:li land for the Courtney Wheeler State of ►- . . Georgia My commission expires: 09/02/2017 Page 7 of'19 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: X I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. 1 further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. Mansfield Oil Company of Gainesville, Inc. March 16, 2015 Firr4 Name Date Director of Government Pricing Authorized Si' a re Title David Zarfoss 800-255-6699 Name (please print) Telephone mocbids@mansfieldoil.com Email STATE: Georgia COUNTY: Hall SUBSCRIBED AND SWORN to before me by the above named David Zarfoss on this the 16th day of March 20 15 . Notary P/i seourtney Wheeler RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 8 of 19 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For Vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491,80`h Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code by a person who has a business relationship as defined by Section 176.001 (1-a)with a local governmental entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7`h business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006,Local Government Code.An offense under this section is a Class C misdemeanor. 1. Name of person who has a business relationship with local governmental entity. N/A 2. Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3. Name of a local government officer with whom filer has employ meat or business relationship. None Name of Officer This section(item 3 including subparts A.B,C.& D)must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001 (1-a), Local Government Code.Attach additional pages to this Form CIQ as necessary. • A. Is the local government officer named in this section receiving or likely to receive taxable income,other than investment income, from the filer of the questionnaire? Yes No B. Is the filer of the questionnaire receiving or likely to receive taxable income,other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government Officer serves as an officer or director,or holds an ownership of 10 percent or more? Yes No D. Describe each employment or business relationship with the local government officer named in this section. 4. Signature of person doing business with the governmental entity Date Page 9 of 19 GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5% of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Port Arthur. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts Page 10 of 19 owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur, the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each item listed. In the event of error or discrepancy in the mathematics, the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Transit, P.O. Box 1089, Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. Page 1 1 of 19 SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur,TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent-silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of; or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. Page 12 of 19 SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury $500,000 single limit per occurrence or $500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury $1,000,000 single limit per occurrence or $500,000 each person /$1,000,000 per occurrence for contracts in excess of$100,000; and, b. Property Damage $100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or, Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten (10) days after execution of this Contract. Page 13 of 19 NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor. Page 14 of 19 CITY OF PORT ARTHUR,TEXAS ADDENDUM NO. ONE (1) March 5, 2015 Proposals for: Ultra Low Sulfur Diesel Fuel The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum--shall take precedence over requirements of the original contract documents and all PROPOSERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THEIR SUBMISSION. Addendum as follows: Below are questions that were received, and the answers to these questions are in Fold. 1. Who is the City's current fuel supplier? Petroleum Traders Corporation. 2. What are the average gallons order per delivery to the Transit? 6,000 gallons per delivery. 3. What are the average gallons order per delivery to the Utility Operations? 2,000 gallons when it is necessary to order. It is only used for emergencies, 4. For each location, are the tanks stored aboveground or underground? And what are their capacities? Both tanks are underground. The Utility Operation tank capacity is 2,000 gallons. The Transit tank capacity is 10,000 gallons. It is two 5,000 gallon tanks that are connected. 5. Arc there any renewal options on this hid? Or is term for 1 year only? The term of this contract is one year only. There are no renewals. 6. What is the start date? Anticipated start date is April 27'x', 2015. 7. What is the anticipated award date? Anticipated award date is April 14th, 2015. 8. Page 4 states that pricing "Will change each Monday to the price published the previous Thursday", are you talking about the Weekly OPIS Report released on Thursday afternoons? Yes. Continued on Page2 (13,17 ��i;`r David Zarfoss, Director of Government Pricing Signaure der Mansfield Oil Company of Gainesville, Inc. Page 1 of 2 9. Is your current supplier a local vendor? No. 10. Emergency language Pg. 4: Does including an exception to this requirement subject the vendor to an automatic rejection? The emergency plan is not required for this bid. End of Addendum If you have any questions or need additional information, please contact Clifton Williams at clifton_williams(wportarthurtx.«ov. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR PROPOSAL. ti Shawna Tubbs, CPPO, CPPB Purchasing Manager Davis Zarfoss March 16, 2015 Signature o I Blder Datc erector of Government Pricing Paec 2 of 2 Client#:78b26 .-MANSFIELD ACORDrM CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY)9/22/2oDa THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: J.Smith Lanier&Co.-Atlanta PHONE 770 476-1770 FAX 770 476-3651 (A/C,Na,Ext): (A/C,No): 11330 Lakefield Drive E-MAIL ADDRESS: Bldg 1, Suite 100 INSURER(S)AFFORDING COVERAGE NAIC# Duluth, GA 30097 INSURER A:Nationwide Agribusiness Ins.Co 28223 INSURED INSURER B:Ironshore Specialty Insurance C 25445 Mansfield Oil Company INSURER C:Allied World Assurance Companie 19489 of Gainesville, Inc. INSURER D Endurance American Insurance 10641 1025 Airport Parkway,SW INSURER E: Gainesville,GA 30501 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP TYPE OF INSURANCE LTR INSR WVD POLICY NUMBER (MM/DDIYYYY) (MM/DDIYYYY) LIMITS A GENERAL LIABILITY CPP119529A 07/01/2014 07/01/2015 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED $300 000 X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) , CLAIMS-MADE X OCCUR MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 RO- -1 POLICY JECT LOC $ A AUTOMOBILE LIABILITY CPP119529A 07/01/2014 07/01/2015 = INGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS _ AUTOS NON-OWNED PROPERTY DAMAGE $ X HIRED AUTOS X AUTOS (Per accident) B X UMBRELLA LIAB X OCCUR 000194805 07/01/2014 07/01/2015 EACH OCCURRENCE $10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED X RETENTION s25000 $ A WORKERS COMPENSATION WCC119529A 07/01/2014 07/01/2015 X 71ORYTLIMITS ETH AND EMPLOYERS'LIABILITY ANYIPRW PROPRIETOR/PARTNER/EXECUTIVE EMBER PAEXCWDRD ECUTIVE Y/N N/A E.L.EACH ACCIDENT $1,000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C Pollution 03059391 09/17/2010 11/17/2014 $5M Each Incident/ $10M Aggregate D Excess Umbrella EXC10005109000 07/01/2014 07/01/2015 $15M XS$10M DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) CERTIFICATE HOLDER CANCELLATION For Insurance Verification OnlySHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE f+rI ) .if�t / tY� � jti'as_rr ©19 8.2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S2375037/M2362490 KTW - -- Material Safety Data Sheet bp ARCO J 1. Product and company identification Product name ARCO ULSD MSDS# APPC174 Code APPC174 Product use Fuel. Synonyms Ultra Low Sulfur Diesel, CARB Diesel, CARB ULSD, EPA ULSD, BP ULSD, ULS#2 Diesel,and#2 ULSD Supplier BP Products North America Inc. 150 West Warrenville Road Naperville, Illinois 60563-8460 USA EMERGENCY HEALTH 1 (800)447-8735 INFORMATION: Outside the US: +1 703-527-3887(CHEMTREC) EMERGENCY SPILL 1 (800)424-9300 CHEMTREC(USA) INFORMATION: OTHER PRODUCT 1 (866)4 BP-MSDS INFORMATION (866-427-6737 Toll Free-North America) email: bpcares@bp.com 2. Hazards identification Physical state Liquid. Color Amber to various colors(May be dyed Red.) Emergency overview WARNING ! COMBUSTIBLE LIQUID AND VAPOR. VAPOR MAY CAUSE FLASH FIRE. HARMFUL IF SWALLOWED. ASPIRATION HAZARD. HARMFUL OR FATAL IF LIQUID IS ASPIRATED INTO LUNGS. MAY CAUSE RESPIRATORY TRACT IRRITATION. INHALATION CAUSES HEADACHES, DIZZINESS, DROWSINESS,AND NAUSEA,AND MAY LEAD TO UNCONSCIOUSNESS. Combustible liquid. Harmful if swallowed. Aspiration hazard if swallowed. Can enter lungs and cause damage. Keep away from heat, sparks and flame. Do not breathe vapor or mist. Do not ingest. If ingested, do not induce vomiting. Avoid contact with eyes, skin and clothing. Use only with adequate ventilation. Keep container tightly closed and sealed until ready for use. Wash thoroughly after handling. Routes of entry Dermal contact. Eye contact. Inhalation. Ingestion. Potential health effects Eyes Slightly irritating to the eyes. Skin Prolonged or repeated contact can defat the skin and lead to irritation and/or dermatitis. Inhalation May cause respiratory tract irritation. Inhalation causes headaches, dizziness, drowsiness and nausea and may lead to unconsciousness. See toxicological information(Section 11). Ingestion Harmful if swallowed. Aspiration hazard if swallowed. Can enter lungs and cause damage.See toxicological information (Section 11). See toxicological information (Section 11) Product name ARCO ULSD Product code APPC174 Page: 1/8 Version 4 Date of issue 03/01/2012. Format US-COMP Language ENGLISH (US-COMP) (ENGLISH) 3. Composition/information on ingredients Ingredient name CAS# % Petroleum distillates 68476-34-6 90- 100 Contains one or more of the following biodiesels: Varies 0-5 soybean oil, me ester 67784-80-9 Fatty acids, sunflower-oil, Me esters 68919-54-0 Fatty acids methyl esters 67762-38-3 Fatty acids, vegetable-oil, Methyl esters 68990-52-3 rape oil, me ester 73891-99-3 Fatty acids, canola-oil, Me esters 129828-16-6 fatty acids,tallow, me esters 61788-61-2 Contains one or more of the following renewable diesel: Fuels,diesel, C9-18-alkane branched and linear 1159170-26-9 0-5 May also contain small quantities of proprietary performance additives. 4. First aid measures Eye contact In case of contact, immediately flush eyes with plenty of water for at least 15 minutes. Get medical attention. Skin contact Flush contaminated skin with plenty of water. Remove contaminated clothing and shoes. Wash clothing before reuse. Clean shoes thoroughly before reuse. Get medical attention if irritation develops. Inhalation If inhaled, remove to fresh air. If not breathing, give artificial respiration. If breathing is difficult, give oxygen. Get medical attention immediately. Ingestion Aspiration hazard if swallowed. Can enter lungs and cause damage. Do not induce vomiting. Never give anything by mouth to an unconscious person. Get medical attention immediately. 5. Fire-fighting measures Flammability of the Combustible liquid. product Auto-ignition temperature 257°C(494°F) Flash point Closed cup: 51.667 to 82.222°C(125 to 180°F)[Pensky-Martens.] Explosion limits Lower: 0.7% Upper: 5% Fire/explosion hazards Combustible liquid and vapor. Vapor may cause flash fire. Vapors may accumulate in low or confined areas or travel a considerable distance to a source of ignition and flash back. Runoff to sewer may create fire or explosion hazard. Unusual fire/explosion Explosive in the presence of the following materials or conditions: open flames, sparks and static hazards discharge and heat. Extinguishing media Suitable In case of fire, use water fog,foam,dry chemicals, or carbon dioxide. Not suitable Do not use water jet. Fire-fighting procedures Promptly isolate the scene by removing all persons from the vicinity of the incident if there is a fire. No action shall be taken involving any personal risk or without suitable training. Move containers from fire area if this can be done without risk. Use water spray to keep fire-exposed containers cool. Hazardous combustion Combustion products may include the following: products carbon oxides(CO, CO2)(carbon monoxide, carbon dioxide) Protective clothing (fire) Fire-fighters should wear appropriate protective equipment and self-contained breathing apparatus (SCBA)with a full face-piece operated in positive pressure mode. Special remarks on fire Do not use water jet. hazards Product name ARCO ULSD Product code APPC174 Page:2/8 Version 4 Date of issue 03/01/2012. Format US-COMP Language ENGLISH (US-COMP) (ENGLISH) 6. Accidental release measures Environmental Avoid dispersal of spilled material and runoff and contact with soil,waterways, drains and sewers. precautions Inform the relevant authorities if the product has caused environmental pollution(sewers, waterways, soil or air). Personal protection in Chemical splash goggles.Chemical-resistant protective suit. Boots.Chemical-resistant gloves. case of a large spill Self-contained breathing apparatus (SCBA)should be used to avoid inhalation of the product. Suggested protective clothing might not be adequate. Consult a specialist before handling this product. CAUTION: The protection provided by air-purifying respirators is limited. Use a positive pressure air-supplied respirator if there is any potential for an uncontrolled release, if exposure levels are not known, or if concentrations exceed the protection limits of air-purifying respirator. Methods for cleaning up Large spill Stop leak if without risk. Eliminate all ignition sources. Move containers from spill area. Approach release from upwind. Prevent entry into sewers,water courses, basements or confined areas. Wash spillages into an effluent treatment plant or proceed as follows. Contain and collect spillage with non-combustible, absorbent material e.g.sand, earth,vermiculite or diatomaceous earth and place in container for disposal according to local regulations(see section 13). Use spark-proof tools and explosion-proof equipment. Dispose of via a licensed waste disposal contractor. Contaminated absorbent material may pose the same hazard as the spilled product. Note:see section 1 for emergency contact information and section 13 for waste disposal. Small spill Stop leak if without risk. Eliminate all ignition sources. Move containers from spill area. Absorb with an inert material and place in an appropriate waste disposal container. Use spark-proof tools and explosion-proof equipment. Dispose of via a licensed waste disposal contractor. 7. Handling and storage Handling Do not ingest. Never siphon by mouth. Put on appropriate personal protective equipment (see Section 8). Workers should wash hands and face before eating, drinking and smoking. Do not breathe vapor or mist. Avoid contact with eyes, skin and clothing. Use only with adequate ventilation. Wear appropriate respirator when ventilation is inadequate. Do not enter storage areas and confined spaces unless adequately ventilated. Store and use away from heat, sparks, open flame or any other ignition source. Use explosion-proof electrical (ventilating, lighting and material handling) equipment. Use non-sparking tools. Take precautionary measures against electrostatic discharges. To avoid fire or explosion, dissipate static electricity during transfer by grounding and bonding containers and equipment before transferring material. Storage Store in accordance with local regulations. Store in a segregated and approved area. Store away from direct sunlight in a dry, cool and well-ventilated area, away from incompatible materials (see section 10). Eliminate all ignition sources. Separate from oxidizing materials. Keep container tightly closed and sealed until ready for use. Containers that have been opened must be carefully resealed and kept upright to prevent leakage. Do not store in unlabeled containers. Use appropriate containment to avoid environmental contamination. 8. Exposure controls/personal protection Occupational exposure limits Ingredient name Occupational exposure limits Petroleum distillates ACGIH TLV(United States).Absorbed through skin. TWA: 100 mg/m', (measured as total hydrocarbons)8 hour(s). Issued/Revised: 1/2002 Form:Total hydrocarbons • While specific OELs for certain components may be shown in this section,other components may be present in any mist, vapor or dust produced.Therefore, the specific OELs may not be applicable to the product as a whole and are provided for guidance only. Some states may enforce more stringent exposure limits. Control Measures Use only with adequate ventilation. Use process enclosures, local exhaust ventilation or other engineering controls to keep worker exposure to airborne contaminants below any recommended or statutory limits. The engineering controls also need to keep gas, vapor or dust concentrations below any lower explosive limits. Use explosion-proof ventilation equipment. Hygiene measures Wash hands, forearms and face thoroughly after handling chemical products, before eating, smoking and using the lavatory and at the end of the working period. Appropriate techniques should be used to remove potentially contaminated clothing. Wash contaminated clothing before reusing. Personal protection Eyes Avoid contact with eyes. Safety glasses with side shields. Product name ARCO ULSD Product code APPC174 Page: 3/8 Version 4 Date of issue 03/01/2012. Format US-COMP Language ENGLISH (US-COMP) (ENGLISH) Skin and body Avoid contact with skin and clothing. Wear suitable protective cic J. Respiratory Use only with adequate ventilation. Do not breathe vapor or mist. If ventilation is inadequate,use a NIOSH-certified respirator with an organic vapor cartridge and P95 particulate filter. CAUTION: The protection provided by air-purifying respirators is limited. Use a positive pressure air-supplied respirator if there is any potential for an uncontrolled release,if exposure levels are not known,or if concentrations exceed the protection limits of air-purifying respirator. Hands Wear gloves that cannot be penetrated by chemicals or oil. Recommended: Nitrile gloves. The correct choice of protective gloves depends upon the chemicals being handled,the conditions of work and use,and the condition of the gloves(even the best chemically resistant glove will break down after repeated chemical exposures).Most gloves provide only a short time of protection before they must be discarded and replaced. Because specific work environments and material handling practices vary,safety procedures should be developed for each intended application. Gloves should therefore be chosen in consultation with the supplier/manufacturer and with a full assessment of the working conditions. Consult your supervisor or Standard Operating Procedure(S.O.P)for special handling instructions. 9. Physical and chemical properties Physical state Liquid. Color Amber to various colors(May be dyed Red.) Odor Hydrocarbon. Flash point Closed cup: 51.667 to 82.222°C(125 to 180°F)[Pensky-Martens.] Explosion limits Lower: 0.7% Upper: 5% Auto-ignition temperature 257°C (494°F) Specific gravity 0.82 to 0.85 Viscosity Kinematic: 1.9 to 4 mm2/s (1.9 to 4 cSt)at 37.778°C(100°F) Boiling point I Range 159.44 to 362.22°C(319 to 684°F) Melting point / Range -17.778 to-4.4444°C(-0.0004 to 24°F) Vapor pressure <0.344 kPa(<2.586 mm Hg)at 37.778°C(100°F) Solubility insoluble in water. Remarks Vapor pressure derived from: AP-42, Chapter 7.1, Organic Liquid Storage Tanks, Table 7.1-2, U.S.EPA 2006 10. Stability and reactivity Stability and reactivity Stable under recommended storage and handling conditions(see section 7). Possibility of hazardous Under normal conditions of storage and use, hazardous reactions will not occur. reactions Conditions to avoid Keep away from heat, sparks and flame.Avoid all possible sources of ignition(spark or flame). Incompatibility with Reactive or incompatible with the following materials:oxidizing materials,acids and alkalis. various substances halogenated compounds Hazardous decomposition carbon oxides(CO, CO2)(carbon monoxide, carbon dioxide) products Hazardous polymerization Under normal conditions of storage and use,hazardous polymerization will not occur. 11 . Toxicological information Classification Product/ingredient name IARC NTP OSHA fuel, diesel no.2 3 - - IARC : 3- Not classifiable as a human carcinogen. Product name ARCO ULSD Product code APPC174 Page: 4/8 Version 4 Date of issue 03/01/2012. Format US-COMP Language ENGLISH (US-COMP) (ENGLISH) Other Toxicity Data Aspiration of this product into the lungs can cause chemical pneu a and can be fatal. Aspiration into the lungs can occur while vomiting after ingestion of tnis product. Do not siphon by mouth. Middle distillate: From skin-painting studies of petroleum distillates of similar composition and distillate range, it has been shown that these types of materials often possess weak carcinogenic activity in laboratory animals. In these tests,the material is painted on the shaved backs of mice twice a week for their lifetime.The material is not washed off between applications.Therefore, there may be a potential risk of skin cancer from prolonged or repeated skin contact with this product in the absence of good personal hygiene.This particular product has not been tested for carcinogenic activity, but we have chosen to be cautious in light of the findings with other distillate streams. Occasional skin contact with this product is not expected to have serious effects, but good personal hygiene should be practiced and repeated skin contact avoided.This product can also be expected to produce skin irritation upon prolonged or repeated skin contact. Personal hygiene measures taken to prevent skin irritation are expected to be adequate to prevent risk of skin cancer. Diesel exhaust particulates have been classified by the National Toxicological Program (NTP)to be a reasonably anticipated human carcinogen.Exposure should be minimized to reduce potential risk. Other information Potential chronic health effects Carcinogenicity No known significant effects or critical hazards. 12. Ecological information Ecotoxicity No testing has been performed by the manufacturer. Mobility Spillages may penetrate the soil causing ground water contamination. Bioaccumulative potential This product is not expected to bioaccumulate through food chains in the environment. Other ecological Spills may form a film on water surfaces causing physical damage to organisms. Oxygen transfer information could also be impaired. 13. Disposal considerations Waste information The generation of waste should be avoided or minimized wherever possible. Empty containers or liners may retain some product residues. This material and its container must be disposed of in a safe way. Dispose of surplus and non-recyclable products via a licensed waste disposal contractor. Disposal of this product,solutions and any by-products should at all times comply with the requirements of environmental protection and waste disposal legislation and any regional local authority requirements. Avoid dispersal of spilled material and runoff and contact with soil, waterways,drains and sewers. NOTE:The generator of waste has the responsibility for proper waste identification (based on characteristic(s) or listing), transportation and disposal 14. Transport information International transport regulations Regulatory UN Proper shipping name Class Packing group Additional information information number DOT NA1993 Diesel fuel 3 III - Classification TDG UN1202 Gas oil 3 III - Classification Product name ARCO ULSD Product code APPC174 Page:5/8 Version 4 Date of issue 03/01/2012. Format US-COMP Language ENGLISH (US-COMP) (ENGLISH) Regulatory UN Proper shipping name Class Packing group .ditional information information number IMDG UN1202 Gas oil 3 III Emergency schedules Classification jEmS) F-E, S-E Remarks Marine pollutant IATA/ICAO UN1202 Gas oil 3 III Passenaer and Carao Classification AircraftQuantity limitation: 60 L Packaging instructions:355 Cargo Aircraft OnlyQuantity limitation: 220 L Packaging instructions: 366 Limited Quantities - Passenger AircraftQuantity limitation: 10 L Packaging instructions:Y344 Remarks Environmentally hazardous substance mark. 15. Regulatory information U.S. Federal Regulations United States inventory All components are listed or exempted. (TSCA 8b) TSCA 5(a)2 proposed significant rules: No products were found. TSCA 5(a)2 final significant rules: No products were found. TSCA 5(e)substance consent order: No products were found. TSCA 12(b)one-time export: Naphthalene TSCA 12(b)annual export notification: No products were found. SARA 302/304/311/312 extremely hazardous substances: No products were found. SARA 302/304 emergency planning and notification: No products were found. SARA 302/304/311/312 hazardous chemicals: No products were found. SARA 311/312 MSDS distribution -chemical inventory-hazard identification:ARCO ULSD: Fire hazard, Immediate (acute) health hazard, Delayed(chronic)health hazard SARA 313 Form R-Reporting This product does not contain any hazardous ingredients at or above regulated thresholds. requirements Supplier notification This product does not contain any hazardous ingredients at or above regulated thresholds. CERCLA Sections CERCLA: Hazardous substances.: Benzene: 10 lbs. (4.54 kg); o-Xylene: 1000 lbs. (454 kg); 102a/103 Hazardous Alkylaryl sulfonic acid: 1000 lbs. (454 kg);Toluene: 1000 lbs. (454 kg);xylene: 100 lbs.(45.4 kg); Substances(40 CFR Ethylbenzene: 1000 lbs. (454 kg);Vinyl acetate: 5000 lbs. (2270 kg); Naphthalene: 100 lbs. (45.4 Part 302.4): kg); Cumene:5000 lbs. (2270 kg); Proprietary Glycol ethers; State regulations Massachusetts None of the components are listed. Substances New Jersey Hazardous None of the components are listed. Substances Pennsylvania RTK None of the components are listed. Hazardous Substances Product name ARCO ULSD Product code APPC174 Page: 6/8 Version 4 Date of issue 03/01/2012. Format US-COMP Language ENGLISH (US-COMP) (ENGLISH) California Prop. 65 WARNING:This product contains a chemical known to the Stat€ ,alifornia to cause cancer. Naphthalene; Ethylbenzene WARNING: This product contains a chemical known to the State of California to cause birth defects or other reproductive harm. Toluene WARNING: This product contains a chemical known to the State of California to cause cancer and birth defects or other reproductive harm. Benzene Prop 65 chemicals will result under certain conditions from the use of this material. For example, burning fuels produces combustion products including diesel exhaust, a Prop 65 carcinogen,and carbon monoxide,a Prop 65 reproductive toxin. Other regulations Canada inventory At least one component is not listed. REACH Status For the REACH status of this product please consult your company contact, as identified in Section 1. Australia inventory(AICs) At least one component is not listed. China inventory(IECSC) At least one component is not listed. Japan inventory(ENCS) At least one component is not listed. Korea inventory(KECI) At least one component is not listed. Philippines inventory At least one component is not listed. (PICCS) 16. Other information Label requirements WARNING ! COMBUSTIBLE LIQUID AND VAPOR. VAPOR MAY CAUSE FLASH FIRE. HARMFUL IF SWALLOWED. ASPIRATION HAZARD. HARMFUL OR FATAL IF LIQUID IS ASPIRATED INTO LUNGS. MAY CAUSE RESPIRATORY TRACT IRRITATION. INHALATION CAUSES HEADACHES, DIZZINESS, DROWSINESS,AND NAUSEA,AND MAY LEAD TO UNCONSCIOUSNESS. HMIS®Rating : Health * 1 National Fire Fire hazard Flammability 2 Protection Physical 0 Association (U.S.A.) Health ; 0 Instability Hazard Specific hazard Personal X protection History Date of issue 03/01/2012. Date of previous issue 09/27/2011. Prepared by Product Stewardship V Indicates information that has changed from previously issued version. Notice to reader All reasonably practicable steps have been taken to ensure this data sheet and the health, safety and environmental information contained in it is accurate as of the date specified below. No warranty or representation, express or implied is made as to the accuracy or completeness of the data and information in this data sheet. The data and advice given apply when the product is sold for the stated application or applications. You should not use the product other than for the stated application or applications without seeking advice from BP Group. It is the user's obligation to evaluate and use this product safely and to comply with all applicable laws and regulations. The BP Group shall not be responsible for any damage or injury resulting from use, other than the stated product use of the material, from any failure to adhere to recommendations, or from any hazards inherent in the nature of the material. Purchasers of the product for Product name ARCO ULSD Product code APPC174 Page: 7/8 Version 4 Date of issue 03/01/2012. Format US-COMP Language ENGLISH (US-COMP) (ENGLISH) supply to a third party for use at work, have a duty to take all necessary steps to ensure that, ,erson handling or using the product is provided with the information in this sheet. Employers have a duty to tell employees ano uthers who may be affected of any hazards described in this sheet and of any precautions that should be taken. You can contact the BP Group to ensure that this document is the most current available. Alteration of this document is strictly prohibited. Product name ARCO ULSD Product code APPC174 Page:8/8 Version 4 Date of issue 03/01/2012. Format US-COMP Language ENGLISH (US-COMP) (ENGLISH) EXHIBIT "C" FEDERAL CLAUSES ONLINE Federally Required and Other Model Clauses http://www.fta.dot.gov/12831_6195.html Applicability of FTA Circular 4220. 1F FAQ Search htto://www.fta.dot.aov/13057 12000.htm I Page 15 of 19 ACCEPTANCE OF ALL FEDERAL CONTRACT CLAUSES The Proposer shall at all times comply with all applicable ETA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between City and FTA, as they may be amended or promulgated from time to time during the term of this Contract. Proposer's failure to so comply shall constitute a material breach of this Contract. The Proposer,Mansfield Oil Company of Gainesville,lnccertifies or affirms that they have read and accepts all of the aforementioned Federal Transit Administration contract clauses. i11ti . Signature of Pr 11 er's Authorized Official David Zarfoss, Director of Government Pricing Name and Title of Proposer's Authorized Official March 16, 2015 Date Page 16 of 19 CERTIFICATION OF RESTRICTIONS ON LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: 1) No federal appropriated funds have been or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an office or employee of any agency, a member of Congress, an officer or employee of Congress in connection with the awarding of any federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. 3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance is placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, title 31 U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Executed this 16th day of March , 201 5 Company Name: Mansfield Oil Company Gainesville, Inc. By: • 1 1.' (•'•n1 ure of Company Official) David Zarfoss, Director of Government Pricing (Title of Company Official) Page 17 of 19 BUY AMERICA CERTIFICATION The Proposer shall submit to the FTA recipient the appropriate Buy America certification (below) with all Proposals or offers on FTA-funded contracts, except those subject to a general waiver. Proposals or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors. Certification requirement for procurement of steel, iron, or manufactured products. Certificate of Compliance with 49 U.S.C. 53230)(1) The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 5323(j)(1) and the applicable regulations in 49 CFR Part 661.5. Date Signature Company Name Title Certificate of Non-Compliance with 49 U.S.C. 5323(j)(1) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j)(1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49 U.S.C. 5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 C.F.R. 661.7. Date March 16, 2016 Signature ''dr" David Zarfoss Company Name Mansfield Oi Company of Gainesville, Inc. Title Director of Government of Pricing Page 18of19 . *NOT APPLICABLE*** Certification requirement for procurement of buses, other rolling stock and associated equipment. Certificate of Compliance with 49 U.S.C. 53230)(2)(C). The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C. 5323(j)(2)(C) and the regulations at 49 C.F.R. Part 661.11. Date Signature Company Name Title Certificate of Non-Compliance with 49 U.S.C. 53230)(2)(C) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11, but may qualify for an exception pursuant to 49 U.S.C. 5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 C.F.R. 661.7. Date Signature Company Name Title Paae 19or19